The First Call: What to Expect
When you call a personal injury attorney like Cody Poe at (251) 298-8454, the first conversation is a free consultation. This is not a sales pitch. It is a two-way evaluation. The attorney needs to understand the facts of your case, the severity of your injuries, and whether there is a viable path to compensation. You need to determine whether this is someone you trust to handle one of the most important matters in your life.
During this initial call, be prepared to describe how the accident happened, what injuries you sustained, what medical treatment you have received, and whether you have spoken to any insurance companies. The attorney will give you an honest assessment of your case, including potential challenges like contributory negligence issues.
If both sides decide to move forward, you will sign a contingency fee agreement. This means the attorney's fee is a percentage of your recovery, typically one-third. If the attorney does not recover compensation for you, you owe nothing.
The Investigation Phase
Once you hire an attorney, the first thing they do is send a letter of representation to all relevant insurance companies. This letter tells the insurers to stop contacting you directly and to communicate only through your attorney. For many clients, this alone provides enormous relief, as the constant calls from adjusters stop immediately.
Your attorney then begins investigating your case. This includes obtaining the police report, gathering witness statements, preserving surveillance footage, photographing the accident scene, and collecting your medical records. If your case involves a complex accident, the attorney may hire accident reconstruction experts, biomechanical engineers, or other specialists.
During this phase, your primary job is to focus on your medical treatment. Follow your doctor's recommendations, attend all appointments, and keep your attorney updated on your progress.
The Treatment Phase: Maximum Medical Improvement
Your attorney will not attempt to settle your case until you have reached maximum medical improvement, or MMI. This is the point at which your doctor determines that your condition has stabilized and further treatment is unlikely to produce significant improvement. Settling before MMI is one of the biggest mistakes an injury victim can make, because you may not yet know the full extent of your injuries or the total cost of your treatment.
For some injuries, MMI comes after a few months of physical therapy. For others, it may take a year or more, particularly if surgery is involved. Your attorney will work with your medical providers to ensure your treatment is properly documented and that the full scope of your injuries is captured in the medical records.
During this phase, your attorney may also arrange for you to see specialists who can provide opinions on your long-term prognosis and any permanent impairments.
The Demand and Negotiation Phase
Once you reach MMI, your attorney prepares a demand package. This is a comprehensive document that includes a detailed narrative of the accident, all medical records and bills, documentation of lost wages, expert reports, and a calculation of your total damages including pain and suffering.
The demand is sent to the insurance company with a specific dollar amount. The insurer responds with a counteroffer, and negotiations begin. Most personal injury cases in Alabama settle during this phase without ever going to court. A skilled negotiator can often achieve a fair settlement through persistent, evidence-based advocacy.
If the insurance company refuses to offer fair compensation, your attorney will recommend filing a lawsuit. This does not mean your case will go to trial. Filing suit opens up the discovery process, which gives your attorney access to additional evidence and often motivates the insurer to increase their offer.
What If Your Case Goes to Trial?
Only a small percentage of personal injury cases go to trial, but having an attorney who is willing and prepared to try your case is essential. Insurance companies track which attorneys actually go to trial and which always settle. If your attorney has a reputation for taking cases to verdict, the insurance company is more likely to offer a fair settlement to avoid the risk.
If your case does go to trial in Mobile County, it will be heard in the Mobile County Circuit Court. A jury of twelve Mobile County residents will hear the evidence and decide both liability and damages. The trial process typically takes several days, and your attorney will prepare you thoroughly for your testimony.
Whether your case settles or goes to verdict, attorney Cody Poe will be with you every step of the way. Call (251) 298-8454 for a free consultation to get the process started.
Cody S. Poe, Esq.
Personal Injury Attorney
Cody Poe is a personal injury attorney serving clients throughout Mobile County, Saraland, and the Alabama Gulf Coast. He is committed to helping accident victims understand their rights and recover the compensation they deserve.